Gambling: Yes or No?

Las Vegas is widely known for its legal gambling, while people say gambling is part of the culture in China. In Malaysia gambling is legal only for certain groups of people.

While in Indonesia gambling is illegal but - ironically - it prevails.

Article 303 of the Criminal Code and Article 2 of Law No. 7/1974 rule that gambling operators and gamblers are subject to 10 years imprisonment and a Rp 25,000 fine.

Despite the ban, various types of gambling still exist. In the capital city we find several examples of small-time gambling activities around us.

In most residential areas people stay up the night at cigarette stalls with cards in their hands, betting between Rp 2,500 and Rp 5,000 a round -- "just for fun". The popular togel (illegal lottery) among the grass roots in almost all kampongs in Jakarta is another example.

On a bigger scale, illegal gambling dens spread throughout all parts of the capital city, including several gambling dens in downtown, West Jakarta, Central and North Jakarta can be cited as examples. However, the complex is usually "heavily" guarded. A casino in West Jakarta, for example, is guarded by four armed personnel, who make it impossible for strangers to enter the vicinity. Nevertheless. a gambler said that police knew of the operation of the casinos, adding that several police officers actually protected the activities.

Amazingly, Jakarta Police chief Insp. Gen. Firman Gani claimed he had no idea there were casinos and gambling dens in Jakarta. One interesting quote from the general is worth repeating: "You tell us where (the gambling activities are), and we will raid them. So far, we have only received false information."

Contrary to his claim, only in February this year, a police raid on a house used as a gambling den in Taman Palem, West Jakarta, almost sparked a gun battle between a group of police officers from the National Police and a group of West Jakarta policemen.

Following the shameful incident, National Police chief Gen. Da'i Bachtiar concluded that local police were protecting gambling activities in the area. Unconfirmed sources said that the organizer of the Taman Palem gambling den regularly paid a Rp 3 billion fee to West Jakarta Police, the Jakarta Police and the National Police for protection.

We have the laws, we have the enforcers, but the laws are not enforced.

Amid reports on the persistent gambling and poor law enforcement, former Jakarta governor Ali Sadikin, who is known for legalizing gambling and prostitution during his tenure between 1966 and 1977, has suggested that gambling in Jakarta be legalized by establishing legal gambling zones. Recalling his own success, he argued that the city administration could collect a huge amount of money from casinos and gambling dens to finance city development projects.

As predicted, the idea has provoked strong reactions from the Indonesian Ulema Council (MUI). MUI edict commission head Muarif Amin said that legal gambling zones would only justify the building of more gambling dens.

Ida Ruwaida, a sociologist from the University of Indonesia said legalizing gambling would trigger unrest, protests and possible riots as legalizing gambling means forcing many people to accept values against their own.

Jakarta-based legal expert Rudy Satrio said that legalizing gambling would be proof that the country had given up its duty of enforcing the law.

Some may say that Ali Sadikin was trying to be more realistic, and - to some extent his suggestion is reasonable, judging from the fact that the existing laws have never been enforced properly. However, if his suggestion were accepted by the city administration, the laws would all have to be revised.

The MUI stance is of course acceptable from the existing religious and legal point of view.

Experience has shown that banning any form of gambling has been ineffective. But controlling it is another matter. From such a perspective Ali Sadikin's proposal could be considered "realistic", in spite of the fact that many have expressed objections.

Things change. And our surroundings have been changing steadily. Jakarta is moving toward a megalopolis in the region.

And Singapore, one of our closest neighbors in the region is considering establishing a casino, after long public debate. While we in Jakarta, must admit that in reality thousands or probably millions of our citizens love gambling, whether we like it or not.

Within its dubiety, it is high time for the Jakarta administration to introduce a new healthy habit: Public debate. A review of the existing laws that ban gambling could become the subject of a debate, which must be arranged in a fair and sincere manner.

Through open public debates, we will finally let the public decide whether they want Jakarta to be like Las Vegas, accept gambling as part of the culture like China, copy Malaysia which legalizes gambling to some extent (with very strict control and professional law enforcement), or keep banning all forms of gambling, a policy that has never shown any success.